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DEED OF TRUST " ` <br />Loan No: 101204823 (Continued) 200412145 Page5 <br />Properly, including those past due and unpaid and apply the same. less costs and expenses of Operation and collection attorneys' <br />fees, to any indebtedness secured by this Dead of Trust, all in such order as Lender may determine. The entering upon and taking <br />possession of the Property, the collection of such rents, issues and profits, and the application thereof shell not cure or waive any <br />default or notice of default antler this Dead of Trust or invalidate any act done in response to such default or pursuant to such <br />notice of default; and. notwithstanding the continuance in possession of the Property or the collecfion. meelpt and application of <br />rents, Issues or profits. Trustee or Lender shall be entitled to exercise every right provided far In the Note or the Related <br />Documents or by law upon the occurrence of any event of default, Inclutling the right to exercise the power of sale; <br />(b) Commence an acton to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the <br />covenants hereof; and <br />(c) Deliver to Trustee a written dedication of default and demand for sale and a written notice of default and election to cause <br />Trustees Interest in the Property to be sold which notice Trustee shall course to be duly filed for record In the appropriate offices of <br />the County In which the Property is located; and <br />the Nebraska cis to <br />orm or any pad of the Personal Property, Lender shall have all the rights and emedies of a secured party under <br />Foreclosure by Polder of Sale. It Lender elects to foreclose by exercise of the Power of Sale heron contained. Lender shall notify <br />Trustee and shell deposit with Trustee this Dead Of Trust and the Note and such receipts and evidence of expenditures matte and <br />secured by this Deed of Trust as Trustee may require. <br />(a) Upon receipt of such notice from Lender,'frusfee shah cause to be recorded, published and delivered to Truster such Notice <br />of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Truster, after <br />such hme as may then be required by law and after recordation of such Notice of Default and attar Notice of Sale having been <br />given as required by law, sell the Property at the time and place of sets Ned by it in such Notice of Sale, either as a whole, or in <br />separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the <br />highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser a <br />purchasers thereof its good and sufficient dead w deeds conveying use property as sold. but without any covenant or warranty, <br />express or Implied. The radius in such dead of any madam a fads shall be conclusive proof of the truthfulness thereof. Any <br />person, including without limitation Truster, Trustee, of Lender, my purchase at such sale. <br />(b) As may be permitted by few, after deducting all casts, fees and expenses of Trustee and of this Trust, Including oasis of <br />evidence of title In connection with sale. Trustee shall apply the proceeds of sale to payment of (1) all sums expanded under the <br />terms of this Deed Of Trust or under the terms of the Note not then repaid Including but not limited to accrued Interest and late <br />charges, (it) all other sums then secured hereby, and (tiff) the remONdar, If any, to the person or persons legally entitled thereto. <br />(of Trustee may in the manner provided by law postpone sale of all or any portion Of the Property. <br />Remedies Not Exclusive. Trustee and Lander, and each of them, shall be entitled to enforce payment and performance of any <br />indebtedness Or obligations secured by this Dead Of Trust and to axe Ise all rights and powers under this Deed of Trust, under the Note, <br />under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding• some or all of <br />such indebtedness and obligations secured by this Deed of Trust may now a hereafter be otherwise secured, whether by mortgage, dead Of <br />trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust net Its enforcement, whether by court action of <br />pursuant to the power of sale or other powers contained In this Dead of Trust, shall prejudice or In any manner affect Trustee's or Lender's <br />right to mallxe upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and <br />each Of them, shall be entitled to enforce this Dead of Trust and any other security now a hereafter held by Lander or Trustee In such order <br />and manner es they or either of them may in their absolute discretion determine. No remedy conferred upon Or reserved to Trustee a <br />Lentler, Is Intended to be exclusive of any other remedy In this Dead of Trust or by law provided or permitted, but each shall be cumulative <br />and shall be In addition to every other remedy given In this Dead of Trust or now or hereafter exisfing at law or in equity or by statute. Every <br />power or remedy given by the Note or any of the Related Document to Trustee or Lentler or to which eflher of them may be otherwise <br />entitled, may be axardsed, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lander, <br />and either of them may pursue Inconsistent remedies. Nothing in this Dead of Trust shall be construed as prohibiting Lender from seeking a <br />deficiency Judgment against the Truster to the extent such action is permitted by law. <br />Election of Remedies. All of Lender's right and remedies will be cumulative and may be exercised alone or together. If Lender deddes to <br />spend money or to perform any of Trustees obligations under this Deed of Trust, after Truster's failure to do so, that decision by Lender will <br />not affect Lender's right to declare Trader in default and to exerdse Lender's damedles. <br />Request for Notice. Truster, on behalf of Truster antl Lender, hereby request that a copy of any Notice of Default and a copy of any Notice <br />of Sala under this Dead of Trust be mailed to them at the addresses set forth In the first paragraph of this Dead of Trust. <br />Anorneys' Fees; Expenses. If Lentler Institutes any suit or action to enforce any d the terms of this Dead of Trust. Lender shall be entitled <br />to recover such sum as the court may adjudge reasonable as ahomeys' tees at trial and upon any appeal. Whether or not any toad action is <br />Involved. and to the extant not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are necessary at any time <br />for the protection of its Interest Or the enforcement of its rights shelf become a pad of the Indebtedness payable on demand and shell bear <br />interest at the Note rate from the date of the expenditure unlit repaid. Expenses covered by this peregreph Include, without limiation. <br />however subject to any limit under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, <br />including attorneys' fees and expenses for bankruptcy proceedings (Including short to modify a vacate any automatic stay or Injunction), <br />appeals, and any anticipated posyudgment collscfion saviors, the cost of searching records, obtaining Aisle reports (including foreclosure <br />reporter, surveyors' report, and appraise) fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trus[a <br />also wlll pay any court cost, in addition to all other sums provided by law. <br />Rights of Trustee. Trustee shall have all of the right and dollars of Lender a set forth in this section. <br />POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are pad of this Dead of <br />Trust: <br />